This chapter focuses on company directors. Every private company must have at least one director, while every public company must have at least two. Directorsʼ duties are now found in the Companies Act 2006, which provides for seven general duties that directors owe to the company. A director’s term of office can terminate in several ways including resignation, retirement, or removal. The courts can also disqualify a person from acting as director.
Chapter
4. Directors
Chapter
13. Rights and Duties of Membership
This chapter addresses the rights and obligations of membership. It explains what a member's share in the LLP entails, and considers how the share can be assigned or treated as property. It considers the duties that members owe to the LLP and to each other, including both fiduciary duties and those that arise under a common law duty of care. It considers what duties a member may have to outsiders, and also the protections that a member may have in the event of unfair treatment by the LLP.
Chapter
19. Free Movement of Goods: Duties, Charges, and Taxes
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
Chapter
19. Free Movement of Goods: Duties, Charges, and Taxes
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28–30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110–113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
Chapter
12. The Administration of Trusts
Paul S Davies and Graham Virgo
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter elaborates on the issues regarding the administration of a trust and its relation to the trustees. Trustees are responsible for the administration of the trust and are subject to certain duties and have a number of powers relating to trust administration. To assist with the administration of the trust, trustees have the option, collectively and individually, to delegate certain functions to others. They are required to perform their administrative responsibilities diligently, and are subject to a duty to comply with the standard of skill and care expected of all trustees. Trustees have a duty to act in the interests of all the beneficiaries, maintaining a fair balance between them. They are also responsible for safeguarding the trust assets for the benefit of all beneficiaries, and, as such, have a duty to invest trust assets in the best interests of present and future beneficiaries.
Chapter
10. Duties of the parties
This chapter details the duties of the parties as part of a contract sale according to the Sale of Goods Act 1979 (SGA). Section 27 of the SGA does not contain a complete statement of the parties' duties, but Section 28 does define the relationship between the duties of seller and buyer. Each party's duty to perform is conditional on the readiness and willingness of the other to perform and commercial agreements normally provide for the goods to be delivered on credit terms so that payment is due after delivery. SGA's Section 27 indicates that the duties of parties revolve around delivery, acceptance, and payment in accordance with the terms of the contract. The chapter then analyses the notion of exclusion clauses.
Chapter
19. Free Movement of Goods: Duties, Charges, and Taxes
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28–30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110–113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
Chapter
19. Free Movement of Goods: Duties, Charges, and Taxes
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
Chapter
13. Occupiers’ Liability
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines damage which arises out of dangers encountered on premises. The duties in question are owed to parties who are present on the premises, rather than to neighbouring occupiers or (for example) users of the highway, and governed by two pieces of legislation: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The discussion begins by considering the criteria used to determine when the occupiers’ liability acts are engaged, whose responsibility is it to guard against the risks, and the duty owed to visitors and non-visitors. The chapter then turns to defences and exclusion of liability.
Chapter
2. Contracts of employment
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.
Chapter
12. Trustees’ duties
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, trustees have all the duties and burdens whereas the beneficiaries have all the rights and benefits. A breach of duties can result in personal liability for the trustee. The Trustee Act 2000 has made trusteeship more attractive to trust corporations and professional trustees by granting them improved powers of delegation and raising a presumption in favour of their remuneration without prejudicing the potential of trust instruments to make even more generous provision by express terms. This chapter analyses some specific duties of trustees and the consequences of accepting office, the extent of the duty to act gratuitously and to provide personal service, the rule against fiduciary profits, and a breach of duty to act impartially, as well as the duty to keep trust accounts. It also discusses the Trustee Act 2000, the trust instrument and quantum meruit.
